Case law

Franco v. Board of Elections

64 Misc. 2d 19 · New York Supreme Court · Sep 21, 1970

The sheets presented on his behalf to the Board of Elections contained 1,617 signatures. … Board of Elections, 51 Misc 2d 827 , affd. sub nom. Matter of Moskowitz v.

Board of Education v. Celotex Corp.

110 Misc. 2d 937 · New York Supreme Court · May 15, 1981

(Matter of Paver & Wildfoerster, supra; Sosnow v Paul, supra; Sears, Roebuck & Co. v Enco Assoc., supra.) … County of Broome v Smith, 78 Misc 2d 889 .) The plaintiff urges that the “foreign object” exception enunciated in Flanagan v Mount Eden Gen.

Yorke v. Board of Education

61 Misc. 2d 794 · New York Supreme Court · Dec 17, 1969

S. 330; Opp Cotton Mills v. Administrator, 312 U. S. 126 ; Matter of Pepe v. Board of Regents, 31 A D 2d 582; Matter of McKaba v. Board of Regents, 30 A D 2d 495; Matter of Popper v. Board of Regents, 26 A D 2d 871; cf. … Hannah v. Larche, 363 U. S. 420 ; Madera v. Board of Educ. of City of N. Y., 386 F. 2d 778; Matter of Fink v. Cole, 1 N Y 2d 48, 51, 52).

Procaccino v. Board of Elections

73 Misc. 2d 462 · New York Supreme Court · Mar 5, 1973

Clancy v. Board of Supervisors of Westchester County, 139 N. Y. 524, 529 [1893]). Regarding attacks upon the constitutionality of a legislative enactment, the applicable rules of law are well known. … IX, § 1; see, also, Campbell v. Board of Educ., 310 F. Supp. 94 [E. D. N. Y., 1970]).

White v. Board of Education

52 Misc. 2d 911 · New York Supreme Court · Jun 22, 1966

Moreover, this court recently held, in Runge v. Board of Examiners (N. Y. L. … of Examiners (Matter of Epstein v.

Kilbourne v. Board of Supervisors

16 N.Y.S. 507 · New York Supreme Court · Nov 30, 1891

Strough v. Supervisors, 119 N. Y. 212 , 23 N. E. Rep. 552. They were so misappropriated when taxes which should have been otherwise used were used for the benefit of the county. Id. … As remarked in Clark v. Sheldon, 106 N. Y. 110 , 12 N. E. Rep. 341, “it must always be easy for the collector to make the proper deduction of school and road taxes.”

Macrum v. Board of Supervisors

141 Misc. 358 · New York Supreme Court · Sep 2, 1931

Ryan v. Green, supra.) The powers of the planning board are enumerated in the statute. … (Bryan v. Town of Branford, 50 Conn. 246 ; Brown v. Preston, 38 id. 219, 223, and cases cited.)

Meliti v. Board of Education

92 Misc. 2d 473 · New York Supreme Court · Dec 16, 1977

Gallewski v Hentz & Co., 276 App Div 219 , affd 301 NY 164 .) … Johnson, president of the respondent board of education, is also denied.

Leland v. Board of Education

173 Misc. 2d 545 · New York Supreme Court · Mar 30, 1996

Wyman, 28 NY2d 434, 438 [1971]; see also, Matter of Ward v Nyquist, 43 NY2d 57 ; Matter of Lezette v Board of Educ., 35 NY2d 272, 281 ). … "[D]eference must be given to the interpretation [of a statute] accorded it by those charged with interpreting it” (Matter of Kelley v Ambach, 83 AD2d 733, 734 [3d Dept 1981]).

Rucker v. Board of Education

172 Misc. 731 · New York Supreme Court · Dec 7, 1939

(See Lessin v. Board of Education, 212 App, Div. 805, 866; Spencer v. Ryan, 232 id. 790; Doherty v. Board of Education, N. Y. L. J. April 24, 1926, p. 389; and Mack v. … Board of Education ( 242 App. Div. 659 ); Braun v. Board of Education (248 id, 586); Costellano v. Board of Education (Id. 635), and Gale v. Board of Education (Id. 892).

Board of Education v. Allen

19 Misc. 2d 409 · New York Supreme Court · Jul 27, 1959

On cross appeals the Appellate Division modified the order of Special Term by denying both of the petitioners’ applications for relief (Matter of Board of Educ. v. Allen, 6 A D 2d 316). … The Court of Appeals affirmed (Matter of Board of Educ. v. Allen, 6 N Y 2d 871, decided May 29, 1959).

Ploss v. Board of Assessors

17 Misc. 2d 283 · New York Supreme Court · Mar 13, 1959

Schick v. Marvin, 249 App. Div. 293, 297 , affd. 275 N. Y. 587 .) … Apart from that, however, petitioners did not raise that question before the Board of Revision of Assessments and, in any event, the question cannot be raised Rere.

Schuster v. Metropolitan Board of Health

49 Barb. 450 · New York Supreme Court · Jun 3, 1867

The board directed the order to be served as the law required, and executed by the Board of Metropolitan Police. That its execution be not commenced until the further order of the board. … The case is now reported, (The People v. The Board of Metropolitan Police, 33 Low. Pr. 52; 48 Barb. 524 ,) and has since been affirmed by the Court of Appeals.

Alfred J. Brown Seed Co. v. Richardson

53 Misc. 517 · New York Supreme Court · Mar 15, 1907

Armstrong Cork Co. v. Barker ( 157 N. … South Bay Co. v. Howey, 113 N. Y. 382 ; Wright & Co. v. Faulkner, 52 Misc. Rep. 100 : Whether this plaintiff is a stock corporation or not does not appear.

Brown v. New York Central & Hudson Biver Railroad

27 N.Y.S. 69 · New York Supreme Court · Jan 18, 1894

Allen v. Sackrider, 37 N. Y. 342 ; Hollister v. Nowlen, 19 Wend. 236 . … To the same effect is Fluker v. Banking Co., 81 Ga. 461 , 8 S. E. 529 . The cases of Cravens v. Rodgers, 101 Mo. 247 , 14 S. W. 106 , Railway Co. v. Langlois, 9 Mont. 419 , 24 Pac. 209 , and Bus Co. v.

Langdon v. Teachers' Retirement Board

135 Misc. 271 · New York Supreme Court · Apr 1, 1929

But all service allowed by the board of examiners of the board of education pursuant to section ten hundred and ninety-one shall be allowed by the retirement board.” … (Eddy v. People, 218 Ill. 611 ; People ex rel. Reynolds v. Common Council, 21 N. Y. Supp. 598 .)

Pauk v. Board of Trustees

119 Misc. 2d 663 · New York Supreme Court · Jun 16, 1983

Y. v Board of Higher Educ., 38 AD2d 478 , affd 31 NY2d 926 ; Matter of McMaster v Owens, 275 App Div 506 ; Matter of Fallon v Board of Higher Educ., 14 Misc 2d 9 , affd 9 AD2d 766 ; Schlaflander v Brooklyn Coll., NYLJ, July … Corp. v Board of Educ., 32 AD2d 958 ; Matter of Oshinsky v Nicholson, 55 AD2d 619 ).

Bellamy v. Board of Appeals

32 Misc. 2d 520 · New York Supreme Court · Feb 2, 1962

Board of Appeals of Town of Greece, 271 App. Div. 33 [1946]; Rochester Tr. Corp. v. Crowley, 205 Misc. 933 [1954]) —was not too broad, and thus unreasonable and illegal. … Feriola, 8 A D 2d 850, affd. 7 N Y 2d 852 [1959]; Matter of Clark v. Board of Zoning Appeals, 301 N. Y. 36 [1950]; Matter of Steers, Inc. v. Rembaugh, 259 App. Div. 908 , affd. 284 N.

Board of Trustees v. Acker

26 How. Pr. 263 · New York Supreme Court · Dec 15, 1863

In providing that they shall be brought by the board of trustees, in their own name, the legislature only designates the officers of the corporation who are to sue in its behalf. … Justices Brown and Lott concurred in the opinion, but thought the decision should be that “ the judgment be reversed .and a new trial ordered—costs to abide the event,” which was entered accordingly.

Blum v. Board of Zoning & Appeals

1 Misc. 2d 668 · New York Supreme Court · Jan 18, 1956

However, the resolution adopted by the board and purporting to ratify the chairman’s action did not record the vote of the board members. … It is argued that the statute does not prohibit executive meetings of the board.